Reject car 30 days, being ignored!

Aylesbury_Duck

Timeline dispute aside, I think you've scuppered yourself by continuing to drive it after the light came on. At any point then or soon afterwards you could have checked the handbook or online and seen what it meant and given the dealer a first chance to inspect it. That you've admitted to ignoring it in your letter will undermine your case.

rapidon

Shaun_of_the_Dead wrote: »

So was it bought in November of February?

Where is the car now?

November, apologies for the mix up.

I still have the car

motorguy wrote: »

How much was the car?

What year is it?

What miles is on it?

What make, model engine is it?

£1,545
2010
about 145,000 miles
Vauxhall Zafira 1.6 turbo diesel

motorguy wrote: »

Irrespective of the reasons, you're now outside the 30 days anyway.

The fault code, given it doesnt come on all the time, could just be a perished turbo pipe or something fairly minor.

I'd a Volvo some years ago and the dash lit up like a christmas tree - all sorts of turbo related errors. Turns out a pipe had blown off the back of the turbo.

Well I was within 30 days when I raised the complaint. I used a which tool to automatically generate a letter. They say you should give the seller 14 days to respond which will very often leave you outside the 30 days, so I assume it works from when you raise the complaint.

It could well be something minor however I am very suspicious the seller knows it's something more serious for the following reasons:

• On the test drive he let me drive for a few minutes in a 30 then quickly took over because he "knows the way so it'll just be easier" or more likely because he knows it needs to be driven very gently to avoid light coming on.
• The light came on later the same day after first getting onto a national road so presumably was preexisting, if it was just a pipe, why wouldn't he get it fixed?
• He recorded what he called a "major parts guarantee" as an "engine and gearbox guarantee". Turbo is arguably major but not engine or gearbox
• Last service stamp was from a recovery company suggesting it was written off for mechanical failure at one point
• And moreover: he has ignored every call and text and letter since I purchased it

born_again wrote: »

So this is from last year and you are now 12 monts later waiting to sort it?

Why write a letter and not go and take car back to dealer?

So what have you done with the car in the last 12 months?:cool:

See date correction

Wrote a letter because:

• This was Which recommendation.
• I bought this car when my old car died (cambelt) at the begging of a holiday to the Isle of Wight. We had to panic buy a new car in Portsmouth. I live in Cornwall which is a long way.
• The dealer was ignoring me, I don't want to do that massive journey and have him say "No mate"
• I have read (can't remember source) that it is actually the dealers responsibility to collect the faulty car. Actually I would be willing to compromise on this since I do live exceptionally far away which isn't the dealers fault and perhaps it's not the case anyway but see point above.

shaun_from_Africa wrote: »

What you've stated above could be more than enough for the dealer and a court to deny any possible claim you may have had.
A fault was indicated with the engine yet you continued driving it for a few weeks thinking that it wasn't "a big deal".
It's possible than there wasn't a major fault to begin with but the continued driving caused further damage to occur and this could seriously impact your right of rejection even if you were still within the initial 30 days from purchase.

Possibly, but I genuinely didn't realise it indicated a fault. Spanner symbol has always indicated service due on my old cars so I didn't think it constituted a significant fault. As soon as I realised I contacted him.

AdrianC wrote: »

If you want to reject the car within 30 days, then you need to return the car within 30 days. Not just send them a letter.

If they don't pay, then you need to take them to court for the money.

But that presupposes it's an issue which would be covered by CRA - which it may not be, depending on the age/price/apparent condition.

This is contrary to the Which advise and what I had previously read, but thanks for bringing it to my attention, I will look at it now. Regardless, I believe there are also 6 month and 6 year time frames for rejection, albeit with reduced rights.

I guess I'll have to get it looked at by a mechanic to decide on the scale of the issue. But if it requires a turbo replacement, I'd consider that would surely constitute a major fault which needs outlining before purchase, regardless of the age, price, mileage of any vehicle. No faults were listed.

Aylesbury_Duck wrote: »

Timeline dispute aside, I think you've scuppered yourself by continuing to drive it after the light came on. At any point then or soon afterwards you could have checked the handbook or online and seen what it meant and given the dealer a first chance to inspect it. That you've admitted to ignoring it in your letter will undermine your case.

Again, I genuinely believed it indicated a service due. I put its random appearance as a minor fault like the electric window example he gave as something he wouldn't cover. As soon as I realised I did try to contact him and have been ignored every time. Beforehand he was very responsive. His number always rings so clearly the line is active and the mobile is being charged.

Unfortunately with three children, low income, no savings and rural location, I have no choice but to continue to drive the car; I certainly can't purchase a spare while he ignores me.

I have spoke to a Vauxhall garage who told me that they should be able to give me a date which the fault code first appeared for £90 which could prove that the fault was present before purchase. But obviously I'm not going to jump on this if you guys think I have no case.

Shaun_of_the_Dead

rapidon wrote: »

November, apologies for the mix up.

I still have the car



£1,545
2010
about 145,000 miles
Vauxhall Zafira 1.6 turbo diesel



Well I was within 30 days when I raised the complaint. I used a which tool to automatically generate a letter. They say you should give the seller 14 days to respond which will very often leave you outside the 30 days, so I assume it works from when you raise the complaint.

It could well be something minor however I am very suspicious the seller knows it's something more serious for the following reasons:

• On the test drive he let me drive for a few minutes in a 30 then quickly took over because he "knows the way so it'll just be easier" or more likely because he knows it needs to be driven very gently to avoid light coming on.
• The light came on later the same day after first getting onto a national road so presumably was preexisting, if it was just a pipe, why wouldn't he get it fixed?
• He recorded what he called a "major parts guarantee" as an "engine and gearbox guarantee". Turbo is arguably major but not engine or gearbox
• Last service stamp was from a recovery company suggesting it was written off for mechanical failure at one point
• And moreover: he has ignored every call and text and letter since I purchased it

See date correction

Wrote a letter because:

• This was Which recommendation.
• I bought this car when my old car died (cambelt) at the begging of a holiday to the Isle of Wight. We had to panic buy a new car in Portsmouth. I live in Cornwall which is a long way.
• The dealer was ignoring me, I don't want to do that massive journey and have him say "No mate"
• I have read (can't remember source) that it is actually the dealers responsibility to collect the faulty car. Actually I would be willing to compromise on this since I do live exceptionally far away which isn't the dealers fault and perhaps it's not the case anyway but see point above.

Possibly, but I genuinely didn't realise it indicated a fault. Spanner symbol has always indicated service due on my old cars so I didn't think it constituted a significant fault. As soon as I realised I contacted him.



This is contrary to the Which advise and what I had previously read, but thanks for bringing it to my attention, I will look at it now. Regardless, I believe there are also 6 month and 6 year time frames for rejection, albeit with reduced rights.

I guess I'll have to get it looked at by a mechanic to decide on the scale of the issue. But if it requires a turbo replacement, I'd consider that would surely constitute a major fault which needs outlining before purchase, regardless of the age, price, mileage of any vehicle. No faults were listed.



Again, I genuinely believed it indicated a service due. I put its random appearance as a minor fault like the electric window example he gave as something he wouldn't cover. As soon as I realised I did try to contact him and have been ignored every time. Beforehand he was very responsive. His number always rings so clearly the line is active and the mobile is being charged.

Unfortunately with three children, low income, no savings and rural location, I have no choice but to continue to drive the car; I certainly can't purchase a spare while he ignores me.

I have spoke to a Vauxhall garage who told me that they should be able to give me a date which the fault code first appeared for £90 which could prove that the fault was present before purchase. But obviously I'm not going to jump on this if you guys think I have no case.

As you rejected the car it's not yours to drive, by continuing to use it it may wall be see as accepting the car.

Aylesbury_Duck

I think you're on a hiding to nothing here. It doesn't matter what you believed the light to mean, it meant that there was a problem yet you continued (and continue) to drive it. That means the dealer can easily say that any problems are likely to have been caused by your continuing to use it for months since.

Your source was wrong, it is your responsibility to return the car to the dealer. It was your choice to buy so far from home, it's unreasonable to expect a seller to be liable for transport costs from your home address.

As pointed out above, if you wish to reject the car, you literally need to reject it and put it out of use. Your personal circumstances, whilst tricky, don't change the law on the matter.

All in all, I think the dealer has an easy route to reject your claims and given the information you've posted here, I don't see you winning a small claims action for the same reasons.

rapidon

I take your points and do agree on principle about returning the car: like I said, regardless of whether I was correct on that or not, I would be willing to do the returning.

But what if I was to reject the car now, outside 30 days, but inside 6 months. I do also take your point about the dealer claiming I caused the damage, but I previously read that if a mechanic gives his written opinion that the fault has existed for longer than my ownership, it would be difficult for the dealer to argue otherwise...

Shaun_of_the_Dead

rapidon wrote: »

I take your points and do agree on principle about returning the car: like I said, regardless of whether I was correct on that or not, I would be willing to do the returning.

But what if I was to reject the car now, outside 30 days, but inside 6 months. I do also take your point about the dealer claiming I caused the damage, but I previously read that if a mechanic gives his written opinion that the fault has existed for longer than my ownership, it would be difficult for the dealer to argue otherwise...

Do you actually know what the fault is?

AdrianC

rapidon wrote: »

£1,545
2010
about 145,000 miles
Vauxhall Zafira 1.6 turbo diesel

So a decade-old leggy cheap shed... That sets your expectation for legal remedy fairly low. This is exactly why there's little point in paying a dealer premium for cars at this end of the market - because there's little chance of any remedy.

Well I was within 30 days when I raised the complaint.

Can you prove it, if they say otherwise...?

On the test drive he let me drive for a few minutes in a 30 then quickly took over because he "knows the way so it'll just be easier"

So, umm, why didn't you insist on a proper drive - or walk away? There's plenty of cheap sheds about.

He recorded what he called a "major parts guarantee" as an "engine and gearbox guarantee". Turbo is arguably major but not engine or gearbox

There's two issues here. One is your legal rights. Two is whether this "warranty" is worth the paper it's scrawled on.

Last service stamp was from a recovery company suggesting it was written off for mechanical failure at one point

That's quite a leap of logic...

But if it requires a turbo replacement, I'd consider that would surely constitute a major fault which needs outlining before purchase, regardless of the age, price, mileage of any vehicle. No faults were listed.

The question is whether it's reasonable for a 10yo 145k car to have a turbo failure...

Not that we know that's the situation, of course. It could be trivial.

rapidon wrote: »

But what if I was to reject the car now, outside 30 days, but inside 6 months.

You don't have an automatic right of rejection. He has the right of repair. Again, assuming the fault is deemed outside those to be expected of a 10yo 145k £1,500 car.

Scrapit

So basically it's not getting rejected then

AdrianC

Scrapit wrote: »

So basically it's not getting rejected then

Well, if he doesn't smile and nod, and the OP doesn't want to dump it on his doorstep then hit him with a LBA and a small claim... nope.

If it does get as far as court, the OP's going to need more info than "a light came on, but I kept driving it because I didn't know what it meant"

motorguy

AdrianC wrote: »

Well, if he doesn't smile and nod, and the OP doesn't want to dump it on his doorstep then hit him with a LBA and a small claim... nope.

If it does get as far as court, the OP's going to need more info than "a light came on, but I kept driving it because I didn't know what it meant"

I think that sums it up.

The O/P has continued to drive the car with this light on, which could be argued is acceptance and / or that its not a "major" fault.

The only way to test it is for the O/P to take the seller to court, which would be a long and drawn out process.

I think the O/P has painted themselves in to a corner to be honest - they've "rejected" it, but kept driving it, and not followed up on the rejection.

As the seller has broken all contact with the O/P, theres little chance of engaging with them now to get the problem resolved amicably (if there ever was).

Finally, 10 year old car thats been to the moon and back, so as you say, going to be very hard to distinguish a "fault" (which the seller is potentially liable for) and "wear and tear" (which the seller is not liable for).

Personally - i'd leave it in to a reputable / recommended mechanic and see what the problem is.